The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008
S.I. 2008/1879 · Made 16 July 2008
Social Security
Made 16th July 2008
Laid before Parliament 18th July 2008
Coming into force 27th October 2008
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 28(2) of the Welfare Reform Act 2007 M1.
This Instrument contains only Regulations made consequential upon Part 1 of the Welfare Reform Act 2007 and is made before the end of the period of 6 months beginning with the coming into force of that Part M2.
Annotations to the whole text
Marginal citations
- M1
2007 c. 5. Under section 24(1) of the Welfare Reform Act 2007 these regulations fall to be made by the Secretary of State.
- M2
See section 173(5) of the Social Security Administration Act 1992. The requirement to refer Regulations to the Social Security Advisory Committee does not apply where Regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the Regulations were made.
Contents
- Part 1: General
- 1Citation, commencement and extent
- Part 2: Employment
- 2Amendment of the Employment Rights Act 1996
- 3Amendment of the National Minimum Wage Regulations 1999 Repealed
- Part 3: Children and Education
- 4Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
- 5Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999
- 6Amendment of the Education (Student Loans) (Repayment) Regulations 2000
- 7Amendment of the Special Guardianship Regulations 2005
- Part 4: Utilities
- 8Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
- 9Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005
- Part 5: Health
- 10Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
- Part 6: Immigration and Asylum
- 11Amendment of the Asylum Support Regulations 2000
- Part 7: Transport
- 12Amendment of the Bus Service Operators Grant (England) Regulations 2002
- Part 8: Courts and Tribunals
- 13Amendment of the Community Legal Service (Financial) Regulations 2000
- 14Amendment of the Criminal Defence Service (General) (No 2) Regulations 2001
- 15Amendment of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003
- 16Amendment of the Gender Recognition (Application Fees) Order 2006
- 17Amendment of the Residential Property Tribunal (Fees) (England) Regulations 2006
- 18Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 2006
- 19Amendment of the Gambling Appeals Tribunal Fees Regulations 2006 Repealed
- Part 9: Tax Credits and Child Benefit
- 20Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
- 21Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
- 22Amendment of the Child Tax Credit Regulations 2002
- 23Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
- 24Amendment of the Child Benefit (General) Regulations 2006
- Part 10: Wales
- 25Amendment of the Bus Service Operators Grant (Wales) Regulations 2002
- 26Amendment of the Individual Learning Accounts Wales Regulations 2003
- 27Amendment of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004
- 28Amendment of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005
- 29Amendment of the Special Guardianship (Wales) Regulations 2005
- 30Amendment of the Residential Property Tribunal (Fees) (Wales) Regulations 2006
- 31Amendment of the Homelessness (Wales) Regulations 2006
- 32Amendment of the Home Energy Efficiency Schemes (Wales) Regulations 2007
- 33Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007
- Part 11: Scotland
- 34Amendment of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989
- 35Amendment of the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996
- 36Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
- 37Amendment of the Bus Service Operators Grant (Scotland) Regulations 2002
- 38Amendment of the Civil Legal Aid (Scotland) Regulations 2002
- 39Amendment of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
- 40Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007
- Signature
- Explanatory note
1Citation, commencement and extent
These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 and come into force on 27th October 2008.
These Regulations extend to England and Wales and Scotland except as provided below.
Where an enactment that is amended by these Regulations has a more limited extent than that referred to in paragraph (2), the amendment has the same extent as the enactment to which it refers.
2Amendment of the Employment Rights Act 1996
In section 90 of the Employment Rights Act 1996 M1 (short-term incapacity benefit and industrial injury benefit)—
in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”; and
in subsection (1)(b) after “short-term incapacity benefit” insert “, contributory employment and support allowance”.
3Amendment of the National Minimum Wage Regulations 1999F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
In regulation 9(3) of the Education (Assisted Places) (Incidental Expenses) Regulations 1997 M1 (remission of charges for school meals) after sub-paragraph (c) add—
“or
(d)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
5Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999
In paragraph 12(3) of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 1999 M1 (milk, meals and refreshment) after “income support” insert “, an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act 2007)”.
6Amendment of the Education (Student Loans) (Repayment) Regulations 2000
In regulation 15(5) of the Education (Student Loans) (Repayment) Regulations 2000 M1 (time for and amount of repayments)—
after sub-paragraph (h) omit “and”; and
after sub-paragraph (i) add—
“and
(j)employment and support allowance.”.
7Amendment of the Special Guardianship Regulations 2005
In regulation 9(c) of the Special Guardianship Regulations 2005 M1 (cessation of financial support) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”.
8Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
In regulation 2(4) of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999 M1 (special provision to be included in charges schemes) after sub-paragraph (d) insert—
“(e)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
9Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005
In regulation 4(2) of the Home Energy Efficiency Scheme (England) Regulations 2005 M1 (persons who may apply for a grant)—
after sub-paragraph (b) omit “and”; and
after sub-paragraph (c) insert—
“and
(d)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
10Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005
The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 M1 are amended as follows.
In regulation 2(1) (interpretation) after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance payable under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);” .
In Schedule 2 M3 (application for benefit) in paragraph 4(1)(a)—
after sub-paragraph (ii) omit “or”;
at the end of sub-paragraph (iii) for “and” substitute—
“
or(iv)
an income-related employment and support allowance; and”.
11Amendment of the Asylum Support Regulations 2000
In regulation 4(6)(a) of the Asylum Support Regulations 2000 M1 (persons excluded from support)—
after sub-paragraph (i) omit “or”; and
after sub-paragraph (ii) add—
“or
(iii)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;”.
12Amendment of the Bus Service Operators Grant (England) Regulations 2002
In regulation 3(4) of the Bus Service Operators Grant (England) Regulations 2002 M1 (eligibility for grant) after sub-paragraph (d) insert—
“(dd)persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;”.
13Amendment of the Community Legal Service (Financial) Regulations 2000
In regulation 4(2) of the Community Legal Service (Financial) Regulations 2000 M1 (eligibility, assessment, contributions)—
after sub-paragraph (b) omit “, or”; and
after sub-paragraph (c) insert—
“; or
(d)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007,”.
14Amendment of the Criminal Defence Service (General) (No 2) Regulations 2001
The Criminal Defence Service (General) (No 2) Regulations 2001 M1 are amended as follows.
In regulation 2 (interpretation) after the definition of “funded services” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”;
In regulation 5 (advice and assistance - financial eligibility)—
in paragraph (8)—
in sub-paragraph (d) omit “and”; and
after sub-paragraph (e) insert—
“and
(f)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”; and
in paragraph (9) for “or guarantee state pension credit” substitute “guarantee state pension credit or income-related employment and support allowance”.
15Amendment of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003
In regulation 8(1) of the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003 M1 (waiver and reduction of fees)—
after sub-paragraph (d) omit “or”; and
after sub-paragraph (e) add—
“or
(f)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
16Amendment of the Gender Recognition (Application Fees) Order 2006
In regulation 5 of the Gender Recognition (Application Fees) Order 2006 M1 (definition of qualifying benefit) after sub-paragraph (d) add—
“(e)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
17Amendment of the Residential Property Tribunal (Fees) (England) Regulations 2006
In regulation 5(2) of the Residential Property Tribunal (Fees) (England) Regulations 2006 M1 (liability to pay fee and waiver of fees) after sub-paragraph (d) add—
“(e)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
18Amendment of the Criminal Defence Service (Financial Eligibility) Regulations 2006
In regulation 5(4) of the Criminal Defence Service (Financial Eligibility) Regulations 2006 M1 (assessment by representation authority) after sub-paragraph (c) add—
“(d)income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
19Amendment of the Gambling Appeals Tribunal Fees Regulations 2006F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M1 are amended as follows.
In regulation 2 (interpretation)—
in paragraph (1)—
after the definition of “claimant” insert—
““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”; and
after the definition of “week” insert—
““the Welfare Reform Act” means the Welfare Reform Act 2007.”; and
after paragraph (4) M2 add—
“(5)For the purpose of these Regulations—
(a)two or more periods of entitlement to employment and support allowance are linked together if they satisfy the conditions in regulation 145 of the Employment and Support Allowance Regulations 2008 M3; and
(b)a period of entitlement to employment and support allowance is linked together with a period of entitlement to statutory sick pay if it follows that period within 12 weeks.”.
In regulation 6 M4 (periods of illness or incapacity for work)—
in the heading for “or incapacity for work” substitute “, incapacity for work or limited capability for work”;
in paragraph (1)—
after sub-paragraph (c) for “or” substitute—
“(cc)is paid an employment and support allowance under Part 1 of the Welfare Reform Act, or”; and
in sub-paragraph (d) after “on the grounds of incapacity for work” insert “or limited capability for work”;
in paragraph (4)—
after “paragraph (1)(c)” insert “or employment and support allowance as specified in paragraph (1)(cc)”; and
after “income support” the second time it occurs insert “or employment and support allowance”.
In regulation 9 M5 (disability element and workers who are to be treated as at a disadvantage in getting a job)—
for paragraph (2) substitute—
“(2)Case A is where the person has, for at least one day in the preceding 182 days (“the qualifying day”), been in receipt of—
(a)higher rate short-term incapacity benefit;
(b)long-term incapacity benefit;
(c)severe disablement allowance; or
(d)employment and support allowance where entitlement to employment and support allowance or statutory sick pay has existed for a period of 28 weeks immediately preceding the qualifying day comprising one continuous period or two or more periods which are linked together.”;
in paragraph (6)—
for sub-paragraph (a) substitute—
“(a)has received—
(i)on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days; or
(ii)on account of his having limited capability for work, an employment and support allowance for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of having limited capability for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;”; and
after “Contributions and Benefits Act” the second time it occurs add “or a period of limited capability for work within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations 2008”; and
in paragraph (7) for sub-paragraph (b) substitute—
“(b)has, within 56 days before the first day of that period of training for work, received—
(i)higher rate short-term incapacity benefit;
(ii)long-term incapacity benefit;
(iii)severe disablement allowance; or
(iv)contributory employment and support allowance where entitlement to that allowance or statutory sick pay has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.”.
In regulation 13(6) (entitlement to child care element of working tax credit) after sub-paragraph (g) add—
“(h)contributory employment and support allowance where entitlement to that allowance or statutory sick pay has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.”.
In regulation 18(5) (50 plus element)—
after sub-paragraph (e) omit “or”; and
after sub-paragraph (f) add—
“or
(g)an employment and support allowance.”.
21Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
The Tax Credits (Definition and Calculation of Income) Regulations 2002 M1 are amended as follows.
In regulation 7 (social security income)—
in paragraph (1)(a) M2 for “or the Jobseekers Act 1995” substitute “, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007”; and
in paragraph (3) M3 in Table 3—
in the heading for “or the Jobseekers Act 1995” substitute “, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007”; and
after “25. A payment in lieu of milk tokens or the supply of vitamins under the Welfare Foods Regulations 1996.” add—
“
26An income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
22Amendment of the Child Tax Credit Regulations 2002
The Child Tax Credit Regulations 2002 M1 are amended as follows.
In regulation 3(1) (circumstances in which a person is or is not responsible for a child or qualifying young person) in Rule 4, Case E, after “incapacity benefit” the first time it occurs insert “or contributory employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
In regulation 5(4)(c) M2 (maximum age and prescribed conditions for a qualifying young person) after “income support” insert “, income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
23Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
In regulation 4 of the Tax Credits (Income Thresholds and Determinations of Rates) Regulations 2002 M1 (social security benefits prescribed for the purposes of section 7(2) of the Act) after sub-paragraph (d) add—
“(e)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
24Amendment of the Child Benefit (General) Regulations 2006
In regulation 8(2) of the Child Benefit (General) Regulations 2006 M1 (child benefit not payable in respect of qualifying young person: other financial support)—
after sub-paragraph (c) omit “or”; and
after sub-paragraph (d) add—
“or
(e)employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
25Amendment of the Bus Service Operators Grant (Wales) Regulations 2002
In regulation 3(4) of the Bus Service Operators Grant (Wales) Regulations 2002 M1 (eligibility for a grant) after sub-paragraph (d) insert—
“(dd)persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;”.
26Amendment of the Individual Learning Accounts Wales Regulations 2003
In the Schedule to the Individual Learning Accounts Wales Regulations 2003 M1 (qualifying benefits or allowances) after “7 Working Tax Credit.” add—
“
8Employment and support allowance (Income-related).”.
27Amendment of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004
In regulation 8(1) of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004 M1 (waiver and reduction of fees)—
after sub-paragraph (d) omit “or”; and
after sub-paragraph (e) insert—
“or
(f)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
28Amendment of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005
In regulation 17(7)(c) of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 M1 (review of financial support) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
29Amendment of the Special Guardianship (Wales) Regulations 2005
In regulation 12(10)(b)(ii) of the Special Guardianship (Wales) Regulations 2005 M1 (review of the provision of special guardianship support services) after “Contributions and Benefits Act 1992” insert “, employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
30Amendment of the Residential Property Tribunal (Fees) (Wales) Regulations 2006
In regulation 5(2) of the Residential Property Tribunal (Fees) (Wales) Regulations 2006 M1 (liability to pay fee and waiver of fees) after sub-paragraph (d) add—
“(e)an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
31Amendment of the Homelessness (Wales) Regulations 2006
The Homelessness (Wales) Regulations 2006 M1 are amended as follows.
In regulation 2 (interpretation)—
in paragraph (3) after sub-paragraph (b) omit “and”; and
after sub-paragraph (c) add—
“and
(d)“an income-related employment and support allowance” means an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007 entitlement to which is based on the claimant satisfying conditions which include those set out in Part 2 of Schedule 1 to that Act.”.
In regulation 3(1)(i) (classes of persons subject to immigration control who are eligible for housing assistance) after “allowance” insert “, an income-related employment and support allowance”.
32Amendment of the Home Energy Efficiency Schemes (Wales) Regulations 2007
In regulation 5(3) of the Home Energy Efficiency Schemes (Wales) Regulations 2007 M1 (persons who may apply for a grant) after “of the 1992 Act)” insert “, an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
33Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007
The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulation 2007 M1 are amended as follows.
In regulation 2 (interpretation) after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.
In regulation 5(1)(d) (entitlement to full remission and payment) after “income-based jobseeker's allowance” insert “, income-related employment and support allowance”.
34Amendment of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989
The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 M1 are amended as follows.
In regulation 1(2) (citation, commencement and interpretation)—
after the definition of “Commissioner” insert—
““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;
after the definition of “debtor” insert—
““Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”;
after the definition of “5 per cent of the personal allowance for a single claimant aged not less than 25” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;
in the definition of “personal allowance for a couple where both members are aged not less than 18”—
after sub-paragraph (a) omit “or” and
after sub-paragraph (b) add—
“or
(c)in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(3)(a) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;”;
in the definition of “personal allowance for a single claimant aged not less than 25”—
after sub-paragraph (a) omit “or” and
after sub-paragraph (b) add—
“or
(c)in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(1)(b) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;”; and
after the definition of “unmarried couple” add—
““Welfare Reform Act” means the Welfare Reform Act 2007.”.
In regulation 2 (applications for deductions etc.)—
in the heading for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”;
in paragraph (1) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”; and
in paragraph (2)(e) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”.
In regulation 3 (deductions from debtor's income support etc.)—
in the heading for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”;
in paragraph (1) for “or income-based jobseeker's allowance” substitute “, income-based jobseeker's allowance or income-related employment and support allowance”;
in paragraph (2)—
in sub-paragraph (a) after “contribution-based jobseeker's allowance” add “or contributory employment and support allowance”; and
for sub-paragraph (b) substitute—
“(b)the amount payable, before any deductions under this paragraph, of—
(i)contribution-based jobseeker's allowance is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act; or
(ii)contributory employment and support allowance is equal to or more than one-third of the amount applicable to the debtor under section 2(1)(a) of the Welfare Reform Act,
as the case may be,”; and
after “Jobseekers Act” the second time it occurs insert “or under section 2(1)(a) of the Welfare Reform Act”.
In regulation 4 (circumstances, time of making and termination of deductions)—
in paragraph (1)(a) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”; and
in paragraph (2) for “or jobseeker's allowance” each time it occurs substitute “, jobseeker's allowance or employment and support allowance”.
35Amendment of the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996
The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996 M1 are amended as follows.
In regulation 2 (interpretation)—
after the definition of “child” insert—
““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”;
after the definition of “employment tribunal” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.
In regulation 4(a) (applications for advice and assistance) after “income support” insert “, an income-related employment and support allowance”.
In regulation 16 (2) (payment of fees and outlays from property recovered or preserved)—
in sub-paragraph (a)(v) after “129 of the 1992 Act” insert “, an income-related employment and support allowance”;
in sub-paragraph (c) after “Schedule 7 to the 1992 Act” insert “, contributory employment and support allowance”.
In Schedule 2 (assessment of disposable capital and disposable income) after paragraph 5(j) insert—
“(k)contributory employment and support allowance.”.
36Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
In regulation 2 of the Repayment of Student Loans (Scotland) Regulations 2000 M1 (interpretation) in the definition of “disability related benefit” after “Social Security Contributions and Benefits Act 1992,” add “an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
37Amendment of the Bus Service Operators Grant (Scotland) Regulations 2002
In regulation 3(4) of the Bus Service Operators Grant (Scotland) Regulations 2002 M1 (eligibility for grant) after sub-paragraph (d) insert—
“(dd)persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;”.
38Amendment of the Civil Legal Aid (Scotland) Regulations 2002
The Civil Legal Aid (Scotland) Regulations 2002 M1 are amended as follows.
In regulation 2(1) (interpretation) after the definition of “income” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);”.
In regulation 33(a)(v) (payments out of property recovered or preserved: exceptions) after “the 1992 Act” insert “, an income-related employment and support allowance”.
In Schedule 2 (rules for computing disposable income) in paragraph 5 after sub-paragraph (e) add—
“(f)an income-related employment and support allowance.”.
In Schedule 3 (rules for computing disposable capital) in paragraph 7 after “(payable under the Jobseekers Act 1995)” insert “or an income-related employment and support allowance”.
39Amendment of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
In article 4(2) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 M1 (the severely mentally impaired)—
after sub-paragraph (j) omit “and”; and
after sub-paragraph (k) insert—
“and
(l)employment and support allowance payable under Part 1 of the Welfare Reform Act 2007.”.
40Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007
In paragraph 3(e) of Schedule 2 to the Education Maintenance Allowances (Scotland) Regulations 2007 M1 (ordinary residence) after “income support” add “or income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007”.
Signature
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
Explanatory note
(This note is not part of the Regulations)
The Regulations contained in this Instrument are either made by virtue of, or are consequential upon, provisions in Part 1 of the Welfare Reform Act 2007 (c. 5). This Instrument is made before the expiry of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt in accordance with section 173(5) of the Social Security Administration Act 1992 from the requirement in section 172(1) of that Act to refer proposals to make Regulations to the Social Security Advisory Committee and are made without reference to that Committee.
Part 2 makes miscellaneous amendments to legislation relating to employment by adding references to employment and support allowance to—
— the Employment Rights Act 1996;
— the National Minimum Wage Regulations 1999.
Part 3 makes miscellaneous amendments to legislation relating to Children and Education by adding references to employment and support allowance to—
— the Education (Assisted Places) (Incidental Expenses) Regulations 1997;
— the Education (Non-Maintained Special Schools) (England) Regulations 1999;
— the Education (Student Loans) (Repayment) Regulations 2000;
— the Special Guardianship Regulations 2005.
Part 4 makes miscellaneous amendments to legislation relating to Utilities by adding references to employment and support allowance to—
— the Water Industry (Charges) (Vulnerable Groups) Regulations 1999;
— the Home Energy Efficiency Scheme (England) Regulations 2005.
Part 5 amends the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 by adding references to employment and support allowance.
Part 6 amends the Asylum Support Regulations 2000 by adding a reference to employment and support allowance.
Part 7 amends the Bus Service Operators Grant (England) Regulations 2002 by adding a reference to employment and support allowance.
Part 8 makes miscellaneous amendments to legislation relating to Courts and Tribunals by adding references to employment and support allowance to—
— the Community Legal Service (Financial) Regulations 2000;
— the Criminal Defence Service (General) (No 2) Regulations 2001;
— the Leasehold Valuation Tribunals (Fees) (England) Regulations 2003;
— the Gender Recognition (Application Fees) Order 2006;
— the Residential Property Tribunal (Fees) (England) Regulations 2006;
— the Criminal Defence Service (Financial Eligibility) Regulations 2006;
— the Gambling Appeals Tribunal Fees Regulations 2006.
Part 9 makes miscellaneous amendments to legislation relating to Tax Credits and Child Benefit by adding references to employment and support allowance to—
— the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002;
— the Tax Credits (Definition and Calculation of Income) Regulations 2002;
— the Child Tax Credit Regulations 2002;
— the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002;
— the Child Benefit (General) Regulations 2006.
Part 10 makes miscellaneous amendments to Welsh legislation by adding references to employment and support allowance to—
— the Bus Service Operators Grant (Wales) Regulations 2002;
— the Individual Learning Accounts Wales Regulations 2003;
— the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004;
— the Adoption Support Services (Local Authorities) (Wales) Regulations 2005;
— the Special Guardianship (Wales) Regulations 2005;
— the Residential Property Tribunal (Fees) (Wales) Regulations 2006;
— the Homelessness (Wales) Regulations 2006;
— the Home Energy Efficiency Schemes (Wales) Regulations 2007;
— the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007.
Part 11 makes miscellaneous amendments to Scottish legislation by adding references to employment and support allowance to—
— the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;
— the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996;
— the Repayment of Student Loans (Scotland) Regulations 2000;
— the Bus Service Operators Grant (Scotland) Regulations 2002;
— the Civil Legal Aid (Scotland) Regulations 2002;
— the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003;
— the Education Maintenance Allowances (Scotland) Regulations 2007.
These Regulations have no impact on the cost of business, charities or the voluntary sector and an Impact Assessment has not been published.